1. This petition is directed against the judgment and award passed by the Labour Court, Surendranagar in Reference (LCS) No. 163/2005 dated 14.07.2005, whereby, the said reference was partly allowed and the petitionerState has been directed to reinstate the respondentworkman with continuity of service.
2. The facts in brief are that the respondent was serving as a daily wager under the petitioner. It is the case of the respondent that his services were orally terminated with effect from 31.11.1992. Therefore a dispute was raised which, ultimately, culminated into a Reference before the Labour Court. The Labour Court, after considering the evidence on record partly allowed the reference, by way of impugned award. Hence, this petition.
3. Heard learned counsel for the petitioner and perused the documents on record. This Court while admitting the petition has stayed the order qua continuity. Therefore, only the question of continuity is required to be considered. So far as continuity of service is concerned, it transpires from the record that the respondent has raised the dispute after almost nine years and, therefore, he is not entitled for the benefit of continuity in service. However, the period i.e. his earlier service and the period between, after filing of the reference and reinstatement will be considered as his continuous period of service.
4. For the foregoing reasons, the petition is partly allowed. The impugned award stands modified to the extent that the direction qua continuity in service is concerned, the respondent is entitled for the continuity of service for the period of earlier service and the period between after filing of the reference and reinstatement. The petitioner shall grant the benefits for the said period within a period of six months from the date of receipt of writ of this order. Rest of the order stands confirmed. Rule is made absolute to the above extent.
(K.S.JHAVERI, J.) /phalguni/